The Atlanta Journal-Constitution
May 2, 2008
Henry County Superior Court Judge Wade Crumbley has struck down a local resign-to-run law that could have implications for similar measures around Georgia.
Twenty-one years ago, as a matter of local legislation that applied only to Henry County, the state Legislature passed a statute that demanded the immediate resignation of any local official who sought another office.
You have to assume the measure was intended to discourage electoral challenges to the county commission chairman — as well as other incumbents.
But here’s the kicker: The law was never enforced. In part because it was never been submitted to the U.S. Justice Department for approval.
Until this year. On April 9. Ah, shenanigans.
Last week, the Henry County Board of Elections rejected Commissioner Elizabeth Mathis’ attempt to qualify for the chairmanship race in the Republican primary this July. The two terms don’t overlap, but even so, the local statute demanded her immediate resignation.
Former congressman Buddy Darden, of McKenna, Long and Aldridge argued the speedy case for Mathis. Republican insider Robert Highsmith represented the board of elections and the local GOP.
The strategic nut of the case was the request for Department of Justice approval. Pre-clearance by the feds usually takes a minimum of two months, which put Mathis in a kind of limbo.
“We made the DOJ aware of our dilemma, and they made their decision on the local act the next day. Securing a DOJ decision prior to the end of qualifying allowed us to play offense rather than defense,” said Amol Naik of the McKenna firm.
In other words, Justice Department approval permitted the local judge to disapprove the law. The fast footwork mattered.
Crumbley found that the local legislation contradicts the resign-to-run requirement embedded in the state constitution. The constitutional rule requires candidates seeking another office to resign only if the two terms overlap by more than 30 days.
“The act is inconsistent with the Constitution in that it imposes a disqualification to hold office which is more restrictive than the disqualification contained in the Constitution,” Crumbley ruled.
The order was handed down last night. The presumption here is that Mathis qualified for the Henry County chairmanship race before noon today.